Posted by Eugene Volokh:
When Is the Best Time To Vote for a Crook?
http://volokh.com/archives/archive_2008_11_02-2008_11_08.shtml#1226028108


   When he's been convicted.

   I've seen some people implicitly or explicitly condemning those
   Alaskans who voted for Sen. Stevens, and apparently gave him a narrow
   victory. How could they vote for someone who was pretty obviously a
   crook? (Set aside those who might think the conviction was unfounded;
   presumably many voted for him even though they had little reason to
   doubt the accuracy of the jury's finding.)

   Seems to me that it's pretty easy: It seems nearly certain that
   Stevens will be expelled, which means he will be replaced, likely --
   in heavily Republican Alaska -- by a Republican in the next special
   election. (The question whether there'll be a [1]temporary appointed
   replacement, also a Republican, is irrelevant here.) And this prospect
   was clear [2]at the time of the election as well.

   So the choice isn't between getting a Republican crook and getting a
   Democratic noncrook. It's between getting a Republican crook for a
   very short time followed by a Republican noncrook and getting a
   Democratic noncrook. Anyone who generally thinks the Republican Party
   is better than the Democratic Party (e.g., who wanted Republican
   control in the Senate, or a Republican minority capable of mounting
   filibusters, or just as many Republican votes as possible) could thus
   quite reasonably vote for Sen. Stevens, even if he thought Stevens was
   a crook who doesn't deserve to be in the Senate. The same is true of
   anyone who supports government that's as split as possible, given his
   anticipation of a Democratic victory in many places.

   This is not exactly the point I made in my [3]"vote the party, not the
   candidate" post; recall that there was a "truly awful candidate"
   exception to that rule, which might well apply to Sen. Stevens if Sen.
   Stevens was likely to retain the office. Rather, my point is that
   voting for a crook who'll likely be thrown out right away, and
   replaced by a noncrook of your own party, is much better than voting
   for a noncrook of the opposite party (or not voting at all, which may
   also help the opposite party get elected).

References

   1. http://volokh.com/archives/archive_2008_11_02-2008_11_08.shtml#1225953809
   2. http://www.politico.com/news/stories/1008/15037.html
   3. http://volokh.com/posts/1225324497.shtml

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